Tobin v Redmond

• Jurisdiction: Ireland
• Judgment Date: 15 January 1861
• Date: 15 January 1861
• Court: Rolls Court (Ireland)

Rolls.

TOBIN

and

REDMOND.

Brady v. FitzgeraldUNK 11 Ir. Eq. Rep. 55.

Cremen v. HawkesUNK 8 Ir. Eq. Rep. 153, 503.

Cox v. Bishop 26 Law Jour. 389.

Harrison v. Duignan 2 Dr. & War. 294.

Hamilton v. HaugtonENR 2 Bli. 169.

Hillary v. Waller 12 Ves. 239.

The Mayor of Kingston-Hull v. Horner Cowp. 102.

Cremen v. Hawkes Ubi supra.

Brady v. Fitzgerald Ubi supra.

Wilson v. HodgesENR 2 East, 312.

Hamilton v. Hamilton 3 Bligh, O. S. 184.

Cremen v. HawkesUNKENR 8 Ir. Eq. Rep. 153 and 503.

BRady v. FitzgeraldUNK 12 Ir. Eq. Rep. 273.

CHANCERY REPORTS. 445 1861. Rolls. TOBIN v. REDMOND. Jan. 15. PARSONS FRAYNE, being seised for lives renewable for ever of the A demised cer- tain lands lands of Ballydicken, in the county of Wexford, demised thirty- for lives re- newable three acres of the said lands, by a lease of the 25th of March ever, atfor 70 a-year. A 1803, to Richard Phelan and his heirs, for three lives, reserving afterwards,, a rent of 70, with power of distress. Richard Phelan died in - agreed to pur chase the 1809, intestate, whereupon the interest in the lease became vested lessee's in terest, then in his eldest brother, Matthias Phelan, as his heir-at-law. Parsons vested in B, in consideration Frayne agreed to purchase the interest in the lease, for a perpetual of a perpetual rentcharge of annuity of 20 a-year ; and, to carry out the agreement, Matthias 20 a-year; an tract, to B de- y Phelan, by a lease, bearing date the 6th of November 1812, demised outd, the carry on- the thirty-three acres to Robert Phelan, the father of Richard and mixed the lands Matthias, for the same lives as those in the lease of the 25th of March for the same lives, renewa- 1803, reserving a rent of 90, with power of distress, in trust for Par- ever, able for at a rent of sons Frayne and his heirs. Parsons Frayne became insolvent in 1817, C90- , inatyrueasrt, to for and died on the 6th of August 1820, leaving Waller S. Frayne A. C died ; whereupon the his heir. Robert Phelan died intestate, leaving Matthias Phelan interest in the latter lease be his heir. A bill was filed by a creditor of Parsons Frayne, against came vested in B, as C's heir- at-law.-Held, his assignee and heir-at-law, in the Court of Exchequer ; and that a suit the lands of Ballydicken having been sold under a decree of that could be main- twined by B for Court to the respondent, John Edward Redmond, they were con- a receiver to veyed to him on the 27th of June 1834. The covenant against - recover the ar rears of the - incumbrances excepted an annuity of 18. 9s. 31d., payable out Profit rent of 20, there of the said lands, which annuity was admitted to be a profit-rent being no re medy for it of 20 a-year, Irish, reserved by the lease of the 6th of November at Law. 1812. A bill was filed by Matthias Phelan against the respondent, Statement. in 1839, to recover the arrears of the 20 a-year, which stated the agreement under which the lease of the 6th of November 1812 was executed ; and a decree pro confesso was pronounced on the I 1 th of February 1840. The statement in the bill, and the decree pro confesso, were the only evidence of the agreement. 1861. Rolls. TOBIN V. REDMOND. Statement. 446 CHANCERY REPORTS. Matthias Phelan died on the 22nd of October 1856, having devised all his landed property (except a specified part of it) to the petiÂÂtioners. The petition in this matter prayed for a receiver to receive the arrears of the rentcharge of 20 a-year ; and the matter having been referred to Master Brooke, under the 15th section of the Court of Chancery (Ireland) Regulation Act 1850, he, by a...